Estate of Tappin

[2015] NZHC 1095

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2015-485-603696 [2015] NZHC 1095

IN THE	Estate of
GERRARD MICHAEL JOHN TAPPIN

Hearing:	21 May 2015 (On the papers)
Appearances:	S H Roberts for Estate
Judgment:	21 May 2015

JUDGMENT OF DUNNINGHAM J

[1]      This is an interlocutory application without notice to declare a document signed by Gerrard Michael John Tappin (the deceased) declared a valid will pursuant to s 14 of the Wills Act 2007.

[2]      The affidavit of the deceased’s solicitor, Ms Sarah Roberts, outlines the circumstances in which the document that is sought to be validated as a will, was made.   I am satisfied from her affidavit, that the document was prepared on the deceased’s instructions and signed by him on 29 October 2014 and witnessed by his brother, Ellery Brendon John Tappin, and it reflects the deceased’s testamentary wishes.

[3]      Under the terms of the will the deceased’s wife and his two children are to be the beneficiaries of his estate.  They all consent to the will being validated and their consents have been provided to the Court.  They are the same people who would be entitled to succeed to the deceased’s estate under intestacy should the will not be

validated.

ESTATE OF GERRARD MICHAEL JOHN TAPPIN [2015] NZHC 1095 [21 May 2015]

[4]      Ms Robert’s affidavit also confirms that enquiries have produced no prior will, and a search undertaken pursuant to s 9 of the Status of Children Act 1969 confirms that no declarations of paternity have been made against the deceased and there are no other known children of the deceased.

[5]      In these circumstances, I am satisfied that the circumstance as described in s 14 of the Wills Act 2007 are met, and I order:

(a)       That  the  document  bearing  the  deceased’s  signature  and  dated

29 October 2014, a photocopy of which is attached to the affidavit of Sarah Hatherly Roberts sworn on 5 May 2015, is declared a valid will of   Gerrard   Michael   John   Tappin   pursuant   to   s   14   of   the Wills Act 2007.

Dunningham J

Solicitors:

Hatherly Loughnan, Christchurch